Termination of Parental Rights

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. D. W., Jr.

Case No.: 2022AP001397

Officials: BRASH, C.J.

Focus: Termination of Parental Rights

D.W., Jr. appeals the order of the trial court terminating his parental rights to J.W. D.W., Jr. argues that the trial court erroneously exercised its discretion in determining the best interests of J.W. by failing to consider relevant evidence, particularly with regard to D.W., Jr.’s request that a guardian be appointed for J.W. as an alternative to termination.

According to the court, the only required factor that seems to relate to D.W., Jr.’s argument on this issue is the substantial relationship factor and the potential harm that could result from legally severing such a relationship. See WIS. STAT. § 48.426(3)(c). When the trial court considered this factor, it recognized that J.W. loved D.W., Jr, but found that the stronger bond was with his brother who was placed with the same foster parent and with whom he would presumably be adopted. The court rejects D.W., Jr.’s arguments.

Affirmed.

Decided 10/18/22

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